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(영문) 대구지방법원 2015.03.18 2014나302919
제3자이의
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Defendant filed a lawsuit against C Co., Ltd. (hereinafter “C”) with Busan District Court Decision 201Da166909 against the claim for reimbursement.

B. The above court rendered a judgment that “The State shall pay KRW 19,381,953 to the Defendant” and the above judgment became final and conclusive as it is.

C. Based on the original judgment finalized on April 10, 2012, the Defendant enforced the instant machinery, which had been in Daegu-gun F, the factory location of the Co., Ltd., based on the certified copy of the said judgment.

[Ground of recognition] Facts without dispute, Gap evidence 2-1 and 2, the purport of the whole pleadings

2. The plaintiff's assertion

A. 1) D and her mother E (hereinafter “D, etc.”) premised on the premise that the instant machinery was purchased from lawful right holder and acquired ownership.

(2) On October 20, 201, the Plaintiff: (a) purchased the instant machinery from D, etc., a legitimate right holder for the instant machinery, etc. on October 20, 201; (b) obtained the possession of the instant machinery by means of occupancy alteration; and (c) acquired the ownership of the instant machinery by way of actual delivery of the instant machinery; and (d) obtained the lawful ownership of the instant machinery; (b) as such, compulsory execution against the Defendant’s instant machinery shall be denied.

B. On October 20, 201, the Plaintiff asserted on the premise that the instant machinery was acquired in good faith, without knowledge of the fact that D et al. was an unentitled person with no ownership or right to dispose of the instant machinery, and occupied the instant machinery in peace and performance with D et al. using a legitimate transaction method, without negligence.

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